Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, have asked a judge to dismiss the drug trafficking indictment against them, asserting that they hold immunity as the leader and first lady of a foreign country.
In legal filings submitted in Manhattan federal court, Maduro's lawyers argued that U.S. law requires the dismissal of the indictment because it cannot be brought against a recognized foreign leader. "No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought," the lawyers wrote. "That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own."
Maduro, 63, and Flores, 69, have been held in a Brooklyn jail since their seizure by U.S. forces from their Caracas home in January. They are currently scheduled to go to trial on drug trafficking charges on June 1. Judge Alvin K. Hellerstein has scheduled oral arguments for November 17 to address the motions to dismiss the indictment.
Lawyers for Flores filed separate papers on Wednesday, contending that she, too, is protected from U.S. prosecution on sovereign immunity grounds. "It is an attribute of Venezuela’s sovereignty, and only Venezuela may surrender it," her lawyers stated.
Maduro's legal team also argued that even if he were not entitled to sovereign immunity as head of state, the case against him should be dismissed due to conduct-based sovereign immunity. The former president "vehemently denies the allegations against him," his lawyers asserted, adding, "If this case were to proceed to trial, it would be apparent that he has been falsely accused."
Both Maduro and Flores have pleaded not guilty to charges stemming from a criminal case initiated six years ago against numerous alleged co-conspirators. If convicted, they face potential life prison sentences based on allegations that they participated in a conspiracy to transport cocaine into the United States.
U.S. prosecutors allege that Maduro orchestrated a conspiracy to move thousands of tons of cocaine into the U.S. by collaborating with Venezuelan law enforcement to aid drug kingpins. The Trump administration has described the raid that led to Maduro's capture as a "surgical law enforcement operation," while Maduro has characterized himself as a prisoner of war and his apprehension as a kidnapping.
Federal prosecutors are expected to file their response to the defense's arguments later this month.